President Trump failed to repeal Obamacare in the Republican Congress, but his administration is asking a conservative court to repeal it for him.
Legal experts say the administration's legal claim reflects poorly on Atty. Gen. William Barr.
In the past, the Supreme Court has said that if judges decide one provision of a law is unconstitutional, they should “sever” the rest and try to preserve as much as possible— “consistent with Congress’s basic objectives in enacting the statute.” He said the legal claim reflects poorly on Atty. Gen. William Barr. “Part of the job of attorney general includes pushing back on the White House. But in one of his first acts, he agreed to double down” to support the White House attack on the Affordable Care Act, he said.In late March, a month after Barr was sworn in, the Justice Department announced in a two-sentence letter that it was changing its position in a pending Texas case.
“A court’s fundamental task is to ask which of several alternatives adheres more closely to Congress’ original objective,” they said, concluding that this means “the remaining provisions of the ACA should not be allowed to remain in effect.” Adler is a conservative who argued in 2012 that the mandate to buy insurance was unconstitutional. But he has been an outspoken critic of the latest legal attacks on the law.“This is beyond audacious,” he said. “I have talked to current and former Justice Department people, some of whom are quite conservative, and they are very upset to see the department put its name on this brief.”
Later that year, President Obama was reelected. In 2016, however, Donald Trump won election after promising repeatedly to “repeal and replace” Obamacare. Though Republicans controlled the House and Senate, they did not repeal the law. In July of 2017, one repeal effort famously failed when GOP Sen. John McCain walked on to the Senate floor and gave a thumbs-down signal.
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